Trans-Pacific Partnership

Today Creative Commons and 47 civil society organizations and academics released a letter (PDF) calling on negotiators of the Trans-Pacific Partnership (TPP) to publish the draft text of the agreement. Up until now the text of the TPP has been developed mostly in secret by the 12 negotiating countries. Wikileaks published a draft text of the chapter on intellectual property in October, revealing several provisions that would threaten access to and re-use of creative works, including an arrangement to allow countries to extend copyright terms by another 20 years. CC and other groups wrote a letter calling for that proposal to be rescinded.

The Electronic Frontier Foundation (EFF) organized the letter from civil society organizations and experts. They said, “As TPP seems to arrive at its final stage, this is a prime moment for trade ministers to stop the secrecy and re-commit themselves to democratic principles of transparency and public participation in rule making.”

Ever since talks over the Trans-Pacific Partnership agreement (TPP) began over five years ago, there have been broad public calls on leaders to make negotiations more transparent and open to the public. In statements, in letters, and in face-to-face meetings with trade representatives, we have urged the adoption of concrete practices that would better enable the kind of open debate and oversight that would help demystify these ongoing negotiations by making better, more accurate information available to the public.

The European Commission has recently taken leadership on this issue in the parallel context of negotiations over a Trans-Atlantic Trade and Investment Partnership (TTIP), recommending on 25 November 2014 that the EU’s TTIP text proposals henceforth be released to the public, and that other information related to TTIP be shared more broadly with all Members of the European Parliament, beyond the currently limited membership of the International Trade Committee.

The end of TPP negotiations now seems to be coming into focus. They have come down to high-level political decisions by negotiating countries, and the text is largely completed except for some resolutions on remaining landing zones. At this point, we know that there is a draft of the TPP that is mostly agreed upon by those negotiating the deal.

Today, we strongly urge you to release the unbracketed text and to release the negotiating positions for text that is bracketed, now and going forwards as any future proposals are made. The public has a legitimate interest in knowing what has already been decided on its behalf, and what is now at stake with our various countries’ positions on these controversial regulatory issues.

We call on you to consider the recent announcement from the European Commission as a welcome precedent to follow, thereby re-affirming your commitment to fundamental principles of transparency and public participation in rule making. The negotiations in Washington DC this week would provide the perfect opportunity for such a ground-breaking accord to be announced.

Today, Creative Commons and over 35 other organizations published an open letter urging negotiators of the Trans-Pacific Partnership (TPP) to rescind a proposal to extend copyright terms by another 20 years beyond its current, mandatory term.

This week, 12 Pacific rim countries are meeting in Ottawa, Canada, to continue secret negotiations of the widely criticized TPP trade agreement. Under the current TRIPS agreement, signatories are required to enact legislation granting copyright protection to individuals for the life of the author plus another 50 years. TPP negotiators, under the influence of large rights-holding companies, want to add another 20 years to the minimum copyright term.

If adopted, this extension would work to keep creative works out of the public domain for decades beyond the current term. It’s essentially a double-life sentence for all new works. This would be an incredible loss for the commons.

All creativity and knowledge owes something to what came before it – every creator builds on the ideas of their predecessors. Copyright is a limited right that is given to creators, but it also has a term limit to ensure we all benefit from culture and knowledge. Both the rights granted to creators and rights afforded to the public are necessary for a vibrant culture and the proliferation of knowledge. And the “Commons” in Creative Commons starts with the public domain. It’s the original corpus for remix. It’s why we’ve developed tools to better mark and dedicate content to the public domain. Together with hundreds of millions of works whose creators have chosen to share under generous terms of reuse with CC licenses, the commons is growing richer everyday.

Extending the term of copyright will undermine the potential of the public commons and needlessly limit the potential for new creativity. There is no logical reason to increase the term of copyright – an extension would create a tiny private benefit at a great cost to all of us. Most people agree that the existing term already lasts far past the amount of time required to incentivize creation (the original purpose of copyright) by granting creators a limited monopoly over a creative work. Copyright should strike a balance, giving an incentive to create while also giving the public permission to use and build on that creativity. In 2002, CC co-founder Lawrence Lessig argued against an additional 20 years of copyright protection in Eldred v. Ashcroft. Even Milton Friedman opposed the copyright term extension, calling it a “no-brainer.” Nearly all contemporary economists agree.

Increasing the term of copyright protection harms the commons. Any public policy that will further delay their entry into the public domain is contrary to the values we support – realizing the full potential of the Internet through universal access to the creativity that promotes active participation in culture and society.

Participating countries should should reject any measure in the Trans-Pacific Partnership introduced to increase the term of copyright protection. And TPP negotiations should be held in public and with the input of a broad set of stakeholders that include civil society and public interest representatives.

Although the letter has been presented to TPP negotiators today, they will remain open for further signatories to express their support. Interested organizations can endorse the letter here. Everyone can speak out by signing the petition at ourfairdeal.org.